Say that a particular crime is expressly defined by the penal code as only an infraction: a fine, no jail.
Also say that a particular law enforcement officer--i.e., a member of a municipal police department--who responds to a report of the crime has probable cause, i.e. a reasonable belief, that a particular person, let's call him Sammy Suspect, has committed the crime; however, the officer investigates the crime after it has been committed and after the perpetrator has long since fled, and no security camera surveillance footage of the crime's commission exists.
In California, can the law enforcement officer issue a citation to Sammy by applying the standard of probable cause applied to misdemeanors or felonies, i.e. a reasonable belief that Sammy committed the infraction?
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